The facts of the case relate to failure on the part of the State to take effective measures for the recognition and protection of the right to use and enjoy territories traditionally occupied by the Saramaka Community, as a result of exploitation and exploration projects on the part of private companies in said territories.

The IA Court established standards regarding the conditions for the legitimate restriction of the rights to ancestral territory, particularly with regard to the relationship between natural resources and subsistence as a community. Similarly, the Court established standards regarding the obligation of the State to guarantee the right of consultation.